Trusts can be helpful tools for keeping your assets safe from creditors. By properly establishing and managing a trust, individuals can secure their wealth for future generations while reducing the risk of losing assets to lawsuits or unpaid debts. Types of trusts...
San Jose Estate Law Blog
Can an executor be held liable for mismanaging estate funds?
An executor plays an essential role in administering an estate after someone passes away. However, the position comes with significant responsibilities. In California, an executor can be held liable if they fail to manage estate funds properly, causing financial harm...
Are DIY wills effective for estates with foreign assets?
When it comes to estate planning, many turn to do-it-yourself (DIY) wills to save time and money. While these wills may seem sufficient for simple estates, they pose significant risks for those with international assets. Differences in international laws Every country...
When can family members challenge non-traditional estate plans?
Non-traditional estate planning methods, like using digital wills or naming non-family beneficiaries, have become more common. However, these methods can sometimes lead to disputes. Family members may challenge these plans under certain circumstances. Lack of...
What challenges do foreign assets create in estate litigation?
Foreign-held assets can make estate litigation more difficult. When an estate includes property or money in other countries, legal issues become more complicated due to different laws and taxes. Executors may need to navigate unfamiliar legal and financial systems,...
How can chronic illness impact the contents of an advance directive?
Having an advance directive in place is essential for those with chronic illnesses. As health conditions change over time, it is important to regularly update these documents to reflect evolving needs and wishes. Monitor changes in health status Chronic illnesses...
Can one challenge disinheritance in California estate litigation?
Disinheritance means leaving someone out of a will or trust on purpose. If you think you were unfairly left out, you can challenge this decision in court. Lack of testamentary capacity One reason to challenge disinheritance is if the person who made the will or trust...
Reasons a health care directive should be in your estate plan
Incorporating a health care directive in your California estate plan can ensure your medical wishes are honored if you become incapacitated. This legal document, also known as an advance directive, specifies your preferences for medical treatment and appoints a...
When should you create an estate plan?
Creating an estate plan is essential for individuals over 40 who own homes and have children. Estate planning ensures that your assets go where you want them to and provides peace of mind for you and your family. Here’s when you should consider creating or updating...
Does power of attorney override the wishes of a spouse?
Power of attorney (POA) is a legal document that gives one person the authority to act on behalf of another. This authority can include making financial, medical, or legal decisions. In California, a person can appoint anyone as their agent through a POA, including a...